Case Summary
Petitioner filed a petition seeking eviction of respondents from a building on the property for commercial reconstruction due to non-payment of rent and negligence causing damage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents and recovery of rent arrears
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner's bonafide need for reconstruction and non-payment of rent by respondents led to the eviction order.
The petitioner's bonafide need for reconstruction and non-payment of rent by respondents led to the eviction order.
Judgment Evidence:
The petition is allowed under section 11(2) and (3) of the Kerala Building (Lease and Rent Control) Act 1965.
Parties Involved
Plaintiffs
Parambattu Kunheen (69 years)
Parambattu House, Ponmundam amsom & Post, Chilavil desom, Tirur Taluk
Defendants
Thadathil Mohammedkutty Haji's children et al (Age not specified years)
Ponmundam amsom & Post, Chilavil desom, Tirur Taluk
Varikkodan Mammutty Haji (Age not specified years)
Ottu Parappuram, Perumanna amsom Klari desom & Post, Tirur Taluk
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents from the building and recovery of rent arrears
Evidence:
The petition is allowed under section 11(2) and (3) of the Kerala Building (Lease and Rent Control) Act 1965.
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Established petitioner's right over the property.
Reference:
No. 2069/1997
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Provided evidence of ownership.
Reference:
Dated 22-7-2017
Document Type:
Cash receipts
Submitted By:
Plaintiff
Relevance:
Proof of financial transactions related to the property.
Reference:
Dated 22-7-21017
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Demonstrated regular payment of taxes.
Reference:
Dated 2-6-2016